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What Happens After An Arrest-The Charging Decision
If you are arrested in Pinellas, Hillsborough, Manatee, or Sarasota county, the case is then transferred to the State Attorney's Office to make a decision on whether formal charges will be filed. A few weeks to a month after your arrest, a prosecutor is assigned to your case. He or she will conduct an investigation into the allegations and may even call in witnesses to testify under oath. Frequently, people who are arrested for an alleged crime will sometimes think that nothing will happen and it is best to just wait and hope that the prosecutor will not file charges before hiring an...
Cyberstalking Injunctions and the First Amendment
In the age of email, electronic communications, and social media, the Florida Legislature now allows an individual to petition for protection against cyberstalking. Florida Statutes § 784.048(1)(d) defines cyberstalking as “engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.” “Whether a communication caused substantial...
Immigration Consequenses of a Criminal Conviction-A Real Life Problem
Attorneys practicing criminal law should be extremely careful when representing foreign citizens in criminal cases, even minor misdemeanors. Even if your client has been a legal permanent resident for decades, a conviction for a specified offense could pose serious immigration problems. Once a conviction becomes final, it is extremely difficult to get it vacated. The following article details the unique procedural hurdles that a family had to endure and illustrates an extreme example of this process. In 2004, after spending their working years in...